QuickCheck is a fast and Inexpensive way to reduce exposure to liability and minimize L&I claims. A QuickCheck is a means of quickly identifying prospective employees with recent past criminal behavior. Patterns of court cases involving violence, drug abuse, and other criminal behavior often predict poor job performance, theft and liability associated with negligent hiring.

Negligent hiring is the failure to use reasonable care in the employee selection process, resulting in harm caused to others. Every employer has a right and responsibility to hire the best person for the job, but employers also have a legal duty not to hire people who could pose a threat of harm to others. That threat can include everything from slight to fatal bodily injury, theft, arson or property damage. Therefore, employers are required to use reasonable care when hiring employees to reduce the risk.

The definition of reasonable care depends on the degree of the risk of harm to others. The greater the risk, the higher the standard of care required. While it might be reasonable, for instance, to just verify employment dates and job titles on a candidate for a custodial position, that same exercise would hardly be adequate for hiring a Project Superindentant. The standard of care required when filling such a skilled position would, at the very least, include carefully checking references and verifying all credentials before making a hiring decision.

You may be in a business that involves employees using a company vehicle or entering the homes of others. What standard must you meet to show reasonable care was used? Will a simple previous job check with employment dates be sufficient? Or will a court check be better?

This information is for general guidance only. Laws, regulations and court decisions involving employment issues are different in each state, and they change frequently. For this and many other reasons, you should always consult an attorney if you have legal questions.